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NAVY | BCNR | CY2009 | 07063-09
Original file (07063-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
Docket No. 7063-09
8 Sep 09

 

This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 8
September 2009. Your allegations of error and injustice were reviewed
in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with

‘all material submitted in support thereof, your naval record and

applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by CNRC memo 1133 Ser
N5312/09060 of 11 Aug 09, a copy of which is attached.

After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this connection,. the Board substantially concurred with the comments
contained in the advisory opinion. Accordingly, your application has
been denied. The names and votes of the members of the panel will be
furnished upon request.

It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence -
or other matter not previously considered by the Board. In this
regard, it is also important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.

Sincerel

 
  
 

4

W. DEAN PE
Executive D

Enclosure
DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND

 

5722 INTEGRITY DR. iN REPLY REFER TO:
MILLINGTON, TENNESSEE 38054-5057 1133
Ser N5312/09060
11 Aug 09

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS

Subj: ADVISORY OPINION Ico @

  

Ref; (a) COMNAVCRUITCOM 0520502 JUL 06

1. Petitioner has applied to the Board for Correction of Naval
Records (BCNR) seeking to have member’s Navy record changed to
include the Loan Repayment Program (LRP). This memorandum
provides a recommendation for the Board regarding the
petitioner’s application.

2. Following review of Ref (a), the Personalized Recruiting for
Immediate and Delayed Enlistment (PRIDE) database, it is our
Opinion that the records in this case do not sufficiently
corroborate the petitioner's claim. Petitioner provides DD Form
2366, which is not the official form guaranteeing entitlement to
LRP. LRP is not listed in either DD Form 1966 or Annex A to DD
Form 4 (official form). Petitioner needs to provide amplifying
information that prior to enlistment, she was entitled to LRP or
Recruiter/Classifier error caused the injustice. Accordingly,
we recommend the Board deny the petitioner’s request.

3. Point of contact is LT Brian Bungay, (901)874-9362, email,

brian.bungay@navy.mil. our mailing address is Navy Recruiting

Command {N531), 5722 Integrity Drive (BLDG 784), Millington, TN
38054.

 

by direction

ate .

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